Supreme Court of India
State of Bihar & Ors. v. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.
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What the Court ordered
Held as under: (SCC p. 232, paras 18-20) “18 . … The evaluation of duties and responsibilities of different posts and determination of the pay scales applicable to such posts and determination of parity in duties and responsibilities are complex executive functions, to be carried out by expert bodies.
Judgment, page 103
From the headnote
Service Law: Pay parity/’Equal pay for equal work’ – Sought by N iyojit Teachers[appointed under Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006] – With the c adre of Government teachers – Permissibility – Held: The cadre of Government teachers with which parity is sought was a dying/ vanishing cadre – The mode of recruitment of Niyojit teache rs was completely different from that of the Government teacher s – pay structure is normally evolved keeping in mind facto rs such as ‘method of recruitment’ and ‘employer’s capacity to pay’ – The distinction in
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